Mark Miller

Senior Attorney

Florida

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. In that role he has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his cases. The Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, and Florida Bar Journal have all published his written work, among other publications.

Born and raised in the great state of New Jersey, Mark learned to fight for justice from his two grandfathers, one of whom fought for our country under General George S. Patton in World War II and the other of whom graduated from NYU Law in the early 1920s. They taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society and Florida’s Fourth District Court of Appeal Historical Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

 

Mark Miller is a Senior Attorney with Pacific Legal Foundation and manages PLF’s Atlantic Center in Palm Beach Gardens, Florida. In that role he has appeared on CBS This Morning and Fox Business News, and both Fox & Friends and The View have reported on his cases. The Wall Street Journal, San Francisco Daily Journal, Newark Star-Ledger, Miami Daily Business Review, Stetson Law Review, and Florida Bar Journal have all published his written work, among other publications.

Born and raised in the great state of New Jersey, Mark learned to fight for justice from his two grandfathers, one of whom fought for our country under General George S. Patton in World War II and the other of whom graduated from NYU Law in the early 1920s. They taught Mark to believe in the greatness of our country but also to keep its government honest; that is what he has done throughout his career and does now as a member of the PLF team.

The Florida Bar recognizes Mark as an expert in Appellate Practice, Thomson Reuters lists him as a SuperLawyer, Florida Trend Magazine describes him as a member of Florida’s Legal Elite, and Martindale-Hubbell awarded him its AV-Preeminent rating, its highest rating. He is the Immediate Past President of the Martin County Bar Association, the Florida Bar appointed him to the Board of Directors for Florida Rural Legal Services, Inc., and he is both a James Madison Institute senior fellow and a Federalist Society expert and approved speaker. He also serves on the Board of Directors for the Martin County Legal Aid Society and Florida’s Fourth District Court of Appeal Historical Society.

He attended college and law school at the University of Florida, earning both diplomas with Honors. He elbow clerked for U.S. District Judge Henry Lee Adams, Jr., of the Middle District of Florida and Emerson R. Thompson, Jr., of Florida’s Fifth District Court of Appeal. Mark has represented clients before local zoning boards and through every court level up to and including the Supreme Court of the United States. He served as co-counsel and second chair before the High Court in PLF’s two most recent Supreme Court victories: United States Army Corps of Engineers v. Hawkes Co., and Kent Recycling v. United States Army Corps of Engineers.

 

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Property Rights

Markle v. U.S. Fish and Wildlife Service

Common sense endangered by “critical habitat” designation of uninhabitable land

The federally-protected dusky gopher frog lives exclusively in a small area of Mississippi, in designated critical habitat. However, the government designated over 1500 acres of privately-owned land in Louisiana as “critical habitat,” even while acknowledging that the frog does not, and cannot, live there.

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Property Rights

Ganson v. City of Marathon, Florida

Florida decides couple’s land is for the birds

The Beyer family owns a 9-acre island off the Florida coast that was reclassified from a general zoning designation to a bird rookery that permitted no use of the property other than temporary camping. Instead of offering compensation for this taking of property, as required by the Fifth Amendment, the city offered the Beyers only transferable development credits toward possible purchase of a limited number of development permits in other locations.

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Personal Liberties

Krause v. School Board of Indian River County, Florida

Florida student teaches school a lesson about free speech

In May of his junior year at Vero Beach High School, J.P. Krause was on the verge of winning the senior class president election when he gave an impromptu campaign speech in his AP U.S. History class, with his teacher’s permission. The 90-second humorous speech skewered some of the tropes of the Trump campaign – “my opponent will raise taxes!” – and contained other satirical remarks. Krause won the election, but then his principal disqualified him from taking office because his speech allegedly “humiliated” the second-place finisher, in violation of the district’s anti-harassment policy. When PLF, representing J.P. and his mother, informed the school district by letter that its actions violated the First Amendment, the district quickly reversed course and reinstated J.P. as senior class president.

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By Mark Miller

PLF files reply brief in Markle

Pacific Legal Foundation filed its reply brief with the Supreme Court of the United States in Markle v. U.S. Fish and Wildlife Service, an important Endangered Species Act case involving another example of federal government unconstitutional overreach.

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By Mark Miller

Another family takes on another overreaching local government in Florida

This week, Pacific Legal Foundation asked the Florida Supreme Court to right a constitutional wrong in a case known as Pacetta, LLC v. Town of Ponce Inlet.

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By Mark Miller

Weekly litigation report — November 4, 2017

PLF asks the Supreme Court to bury Williamson County, Seattle attempts to force unionization on Uber/Lyft Drivers, and PLF files a complaint to require the U.S. Fish and Wildlife Service to define “subspecies”.

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By Mark Miller

Spreading the news about property rights

This past week I had the opportunity to share the importance of private property rights on two occasions before two very different audiences. First, I participated in a Federalist Society luncheon … ›

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By Mark Miller

A case that is for the birds flies to the Supreme Court

This past week Cato Institute, Southeastern Legal Foundation, and the NFIB Small Business Legal Center filed amicus briefs supporting our Petition for Writ of Certiorari in the Ganson v. City of Marathon regulatory takings case. … ›

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By Mark Miller

Florida appellate court to hold oral argument in PLF case this week

Florida’s Second District of Appeal

On Tuesday, Florida’s Second District Court of Appeal will hold oral arguments in a number of cases, including in Pacific Legal Foundation‘s PIE, LLC v DeSoto County Christina Martin and I will represent PIE, and Christina will argue the cause

The Daily Signal, a publication of The Heritage Foundation, just published my op-ed on the case I set out why the injustice done by a local Florida government to our client, Tom Finney, the principal behind PIE,

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